[House Report 112-444]
[From the U.S. Government Publishing Office]


112th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
2d Session                                                     112-444
======================================================================
 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4089) TO PROTECT AND 
 ENHANCE OPPORTUNITIES FOR RECREATIONAL HUNTING, FISHING AND SHOOTING, 
                         AND FOR OTHER PURPOSES

                                _______
                                

   April 16, 2012.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

           Mr. Bishop of Utah, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 614]

    The Committee on Rules, having had under consideration 
+House Resolution 614, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 4089, the 
Sportsmen's Heritage Act of 2012, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Natural Resources. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for purpose of 
amendment an amendment in the nature of a substitute consisting 
of Rules Committee Print 112-19 and provides that it shall be 
considered as read. The resolution waives all points of order 
against the amendment in the nature of a substitute made in 
order as original text. The resolution makes in order only 
those amendments printed in this report. Each such amendment 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for division of the question in the 
House or in the Committee of the Whole. The resolution waives 
all points of order against the amendments printed in this 
report. The resolution provides one motion to recommit with or 
without instructions.
    Section 2(a) of the resolution provides that the House-
passed budget resolution (H. Con. Res. 112) shall have force 
and effect until the adoption of a conference report on the 
budget resolution. Finally, Section 2(b) of the resolution 
provides that the reconciliation directives, provided in the 
House-passed budget resolution, to the Committee on Agriculture 
be decreased by $490 million and the directives to the 
Committee on Financial Services be increased by $490 million 
for the period of fiscal years 2012 and 2013.

                         EXPLANATION OF WAIVERS

    Although the resolution waives all points of order against 
consideration of the bill, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 208

    Motion by Mr. Hastings of Florida to report an open rule. 
Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. Hastings of Florida...........          Yea
Ms. Foxx........................................          Nay   Mr. Polis.........................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 209

    Motion by Mr. Hastings of Florida to make in order and 
provide the appropriate waivers for amendment #10, offered by 
Representative Connolly (VA), which would clarify that state 
``Stand Your Ground Laws'' do not supersede federal public 
safety laws. Defeated: 2-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Mr. Sessions....................................          Nay   Mr. Hastings of Florida...........          Yea
Ms. Foxx........................................          Nay   Mr. Polis.........................          Yea
Mr. Bishop of Utah..............................          Nay
Mr. Woodall.....................................          Nay
Mr. Nugent......................................          Nay
Mr. Scott of South Carolina.....................          Nay
Mr. Webster.....................................          Nay
Mr. Dreier, Chairman............................          Nay
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Hastings, Doc (WA): Manager's Amendment--Would add 
shooting ranges to the list of valid uses of public land and 
clarifies the term ``wilderness areas'' by adding ``including 
Wilderness Areas, Wilderness Study Areas, or lands 
administratively classified as wilderness eligible or suitable 
and primitive or semi-primitive areas.'' Would state that the 
protection given to hunting in wilderness areas is not intended 
to permit motorized recreation or mineral extraction and 
reduces the reporting requirements. Would address technical 
conflicts between Title I and Title II over certain Bureau of 
Land Management land and would make several technical changes. 
(10 minutes)
    2. Holt (NJ): Would make a technical correction to clarify 
that all units of the National Park System, not just National 
Parks and National Monuments, are exempt from Title I. National 
Park System units currently open for hunting or recreational 
shooting would not be affected. (10 minutes)
    3. Grijalva, Raul (AZ): Would make the new restrictions on 
managing hunting, fishing and recreational shooting effective 
only if the amount of land available for those purposes falls 
below 75% of all federal public lands. (10 minutes)
    4. Peters (MI): Would strike a provision in the underlying 
bill allowing the importation of endangered polar bear trophies 
from Canada by hunters who killed the bears despite warnings 
that importation of the bears would likely be illegal. (10 
minutes)
    5. Fleming (LA): Would prohibit the Forest Service from 
banning hunters with dogs during deer season on Kisatchie 
National Forest. (10 minutes)
    6. Bishop, Tim (NY): Would allow for recreational fishing 
of Atlantic Striped Bass in the Block Island Sound transit 
zone. (10 minutes)
    7. Heinrich (NM): Would preserve hunting, fishing and 
recreational shooting in wilderness areas by specifying that 
the underlying bill will not allow development and motorized 
recreation in wilderness. (10 minutes)
    8. Foxx (NC): Would require Presidential monument 
designations provided for under the Antiquities Act to be 
approved by the state legislatures and governors where the 
proposed monument is located. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Hastings of Washington 
               or His Designee, Debatable for 10 Minutes

  Page 3, line 15, after ``of Federal public lands,'' insert 
``including the establishment of safe and convenient shooting 
ranges on such lands,''.
  Page 5, line 4, strike ``; or'' and insert a semicolon.
  Page 5, line 6, strike the period and insert ``; or''.
  Page 5, after line 6, insert the following:
                          (iii) the training of hunting dogs, 
                        including field trials.
  Page 6, line 5, strike ``and waters'' and insert ``, 
including Wilderness Areas, Wilderness Study Areas, or lands 
administratively classified as wilderness eligible or suitable 
and primitive or semi-primitive areas,''.
  Page 7, line 20, after ``(16 U.S.C. 668dd),'' insert ``as 
amended by the National Wildlife Refuge System Improvement Act 
of 1997,''.
  Page 8, strike lines 4 through 10 and insert the following:
                  (C) Other activity not considered.--Federal 
                public land management officials are not 
                required to consider the existence or 
                availability of recreational fishing, hunting, 
                or shooting opportunities on adjacent or nearby 
                public or private lands in the planning for or 
                determination of which Federal public lands are 
                open for these activities or in the setting of 
                levels of use for these activities on Federal 
                public lands, unless the combination or 
                coordination of such opportunities would 
                enhance the recreational fishing, hunting, or 
                shooting opportunities available to the public.
  Page 8, line 13, strike ``of''' the first place it appears.
  Page 8, line 15, strike ``agency'' and insert ``agencies''
  Page 9, line 3, after ``Forest Service, including'' insert 
``Wilderness Areas, Wilderness Study Areas,''.
  Page 9, beginning at line 18, strike ``The head'' and all 
that follows through line 21.
  Page 9, strike lines 23 through page 10, line 4 and insert 
the following:
                  (A) In general.--The head of each Federal 
                agency shall use his or her authorities in a 
                manner consistent with this Act and other 
                applicable law, to--
                          (i) lease or permit use of lands 
                        under the jurisdiction of the agency 
                        for shooting ranges; and
                          (ii) designate specific lands under 
                        the jurisdiction of the agency for 
                        recreational shooting activities.
  Page 10, strike line 12 and all that follows through page 11, 
line 3, and insert the following:
  (e) Necessity in Wilderness Areas and ``Within and 
Supplemental to'' Wilderness Purposes.--
          (1) Minimum requirements for administration.--The 
        provision of opportunities for hunting, fishing and 
        recreational shooting, and the conservation of fish and 
        wildlife to provide sustainable use recreational 
        opportunities on designated wilderness areas on Federal 
        public lands shall constitute measures necessary to 
        meet the minimum requirements for the administration of 
        the wilderness area.
          (2) The term ``within and supplemental to'' 
        Wilderness purposes in section 4(a) of Public Law 88-
        577, means that any requirements imposed by that Act 
        shall be implemented only insofar as they do not 
        prevent Federal public land management officials and 
        State fish and wildlife officials from carrying out 
        their wildlife conservation responsibilities or 
        providing recreational opportunities on the Federal 
        public lands subject to a wilderness designation.
          (3) Paragraphs (1) and (2) are not intended to 
        authorize or facilitate commodity development, use, or 
        extraction, or motorized recreational access or use.
  Page 11, strike line 4 and all that follows through line 6, 
and insert the following:
  (f) Report.--Not later than October 1 of every other year, 
beginning with the second October 1 after the date of the 
enactment of this Act, the head of each Federal agency who has
  Page 11, line 9, strike ``publish in the Federal Register 
and''.
  Page 11, lines 14 through 18, redesignate subparagraphs (A) 
and (B) as paragraphs (1) and (2), respectively (and conform 
the margins accordingly).
  Page 11, strike line 19 and all that follows through page 12, 
line 23, and insert the following (and redesignate the 
subsequent subsections accordingly):
  (g) Closures or Significant Restrictions of 640 or More 
Acres.--
          (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in 
        subsection (d) or emergency closures described in 
        paragraph (3) of this subsection, a permanent or 
        temporary withdrawal, change of classification, or 
        change of management status of Federal public land that 
        effectively closes or significantly restricts 640 or 
        more contiguous acres of Federal public land to access 
        or use for fishing or hunting or activities related to 
        fishing and hunting (or both) shall take effect only 
        if, before the date of withdrawal or change, the head 
        of the Federal agency that has jurisdiction over the 
        Federal public land--
                  (A) publishes appropriate notice of the 
                withdrawal or change, respectively;
                  (B) demonstrates that coordination has 
                occurred with a State fish and wildlife agency; 
                and
                  (C) submits to the Committee on Natural 
                Resources of the House of Representatives and 
                the Committee on Energy and Natural Resources 
                of the Senate written notice of the withdrawal 
                or change, respectively.
          (2) Aggregate or cumulative effects.--If the 
        aggregate or cumulative effect of separate withdrawals 
        or changes effectively closes or significantly 
        restricts 1280 or more acres of land or water, such 
        withdrawals and changes shall be treated as a single 
        withdrawal or change for purposes of paragraph (1).
          (3) Emergency closures.--Nothing in this Act 
        prohibits a Federal land management agency from 
        establishing or implementing emergency closures or 
        restrictions of the smallest practicable area to 
        provide for public safety, resource conservation, 
        national security, or other purposes authorized by law. 
        Such an emergency closure shall terminate after a 
        reasonable period of time unless converted to a 
        permanent closure consistent with this Act.
  Page 12, after line 23, insert the following:
          (3) National wildlife refuge system.--Nothing in this 
        Act is intended to amend or modify the provisions of 
        the National Wildlife Refuge System Administration Act 
        of 1966 (16 U.S.C. 668dd et seq.), except as expressly 
        provided herein.
  Page 13, line 22, after ``license'' insert ``, fee,''.
  Page 18, after line 18, insert the following:
  (j) Controlling Provisions.--In any instance when one or more 
provisions in title I and in this title may be construed to 
apply in an inconsistent manner to National Monument land, the 
provisions in this title shall take precedence and apply.
                              ----------                              


 2. An Amendment To Be Offered by Representative Holt of New Jersey or 
                 His Designee, Debatable for 10 Minutes

  Page 12, strike line 24 and all that follows through page 13, 
line 2 and insert the following:
  (g) Areas Not Affected.--Nothing in this title requires the 
opening to hunting or recreational shooting of--
          (1) a national park or national monument under the 
        jurisdiction of the National Park Service; or
          (2) a unit of the National Park System (that is not a 
        national park or national monument) unless specifically 
        provided by statute that such unit be open to hunting 
        or recreational shooting.
                              ----------                              


3. An Amendment To Be Offered by Representative Grijalva of Arizona or 
                 His Designee, Debatable for 10 Minutes

  Page 14, after line 2, insert the following:

SEC. 105. APPLICABILITY CONDITION.

  This title shall be in effect and apply only when less than 
75 percent of Federal public land is available for hunting, 
fishing, or recreation shooting, as determined by the Secretary 
of the Interior.
  Page 18, after line 18, insert the following:

SEC. 204. APPLICABILITY CONDITION.

  This title shall be in effect and apply only when less than 
75 percent of Federal public land (as defined section 103) is 
available for hunting, fishing, or recreation shooting, as 
determined by the Secretary of the Interior.
                              ----------                              


 4. An Amendment To Be Offered by Representative Peters of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Strike title III.
                              ----------                              


5. An Amendment To Be Offered by Representative Fleming of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, insert the following:

             TITLE V--HUNTING IN KISATCHIE NATIONAL FOREST

SEC. 501. HUNTING IN KISATCHIE NATIONAL FOREST.

  (a) In General.--Consistent with the Act of June 4, 1897 (16 
U.S.C. 551), the Secretary of Agriculture may not restrict the 
use of dogs in deer hunting activities in Kisatchie National 
Forest, unless such restrictions--
          (1) apply to the smallest practicable portions of 
        such unit; and
          (2) are necessary to reduce or control trespass onto 
        land adjacent to such unit.
  (b) Prior Restrictions Void.--Any restrictions regarding the 
use of dogs in deer hunting activities in Kisatchie National 
Forest in force on the date of the enactment of this Act shall 
be void and have no force or effect.
                              ----------                              


 6. An Amendment To Be Offered by Representative Bishop of New York or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following new title:

 TITLE V--RECREATIONAL FISHING FOR ATLANTIC STRIPED BASS IN THE BLOCK 
                       ISLAND SOUND TRANSIT ZONE

SEC. 501. RECREATIONAL FISHING FOR ATLANTIC STRIPED BASS IN THE BLOCK 
                    ISLAND SOUND TRANSIT ZONE.

  (a) In General.--Except as provided in subsection (a), the 
Secretary shall not prohibit fishing for Atlantic Striped Bass 
in the Block Island Sound transit zone.
  (b) Exception.--This subsection does not limit the authority 
of the Secretary to establish seasonal or other temporary 
limitations on fishing that are specifically necessary for the 
conservation and management of Atlantic striped bass.
  (c) Block Island Sound Transit Zone Defined.--In this 
subsection the term ``Block Island Sound transit zone'' means 
the area of the exclusive economic zone within Block Island 
Sound, north of a line connecting Montauk Light, Montauk Point, 
New York, and Block Island Southeast Light, Block Island, Rhode 
Island; and west of a line connecting Point Judith Light, Point 
Judith, Rhode Island, and Block Island Southeast Light, Block 
Island, Rhode Island.
                              ----------                              


7. An Amendment To Be Offered by Representative Heinrich of New Mexico 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

  TITLE V--ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS WILDERNESS

SEC. 501. ACTIVITIES WITHIN WILDERNESS OR LAND MANAGED AS WILDERNESS.

  Nothing in this Act shall be construed to allow oil and gas 
development, mining, logging, or motorized activity on Federal 
public land (as defined in section 103) designated or managed 
as wilderness.
                              ----------                              


8. An Amendment To Be Offered by Representative Foxx of North Carolina 
               or Her Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

     TITLE V--DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS

SEC. 501. DESIGNATION OF AND RESTRICTIONS ON NATIONAL MONUMENTS.

  (a) Designation.--No national monument designated by 
presidential proclamation shall be valid until the Governor and 
the legislature of each State within the boundaries of the 
proposed national monument have approved of such designation.
  (b) Restrictions.--The Secretary of the Interior shall not 
implement any restrictions on the public use of a national 
monument until the expiration of an appropriate review period 
(determined by the Secretary of the Interior) providing for 
public input.''.

                                  
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